Confidentiality

FERPA Rights and Regulations as They Apply to Faculty

The Family Educational Rights and Privacy Act of 1974 (now including the Buckley Amendment) is the federal legislation that governs the confidentiality and release of student educational record information. Guilford College must operate under the provisions of this legislation because it distributes federal financial aid to students. FERPA governs information contained as part of a student's "education record," and this information cannot be released without prior, written consent from a student. The following lists some of the information that may not be released without written consent from a student: 

  • birth date
  • citizenship
  • religious affiliation
  • grade point average
  • ethnicity
  • gender
  • disciplinary status
  • marital status
  • ID number/Social Security number
  • paper/test grades
  • final grades
  • standardized test scores
  • grade progress reports

Students complete a consent form at the time of registration and their preference is recorded in Banner. If they choose not to allow the release of grade information, their Banner and BannerWeb records are marked "Confidential."

The following set of questions clarifies for faculty members the manner in which this legislation applies to our practices at Guilford.

What grade information may be released to parents/guardian?

Unless a student's record in Banner, BannerWeb, or on the class roster is marked "Confidential," faculty members can release grade information to traditional students' parents or guardians (grade information of adult students should only be release to that particular student). This includes essay and test grades, information about progress in courses, midterm and final grades, and grade point average. If the student's record is NOT marked "Confidential," this means that the student has agreed in writing to have grade information released.

If a student's record IS marked "Confidential," faculty and advisers should refer parents or guardians to the Associate Academic Dean. As a college official, the Associate Academic Dean is authorized to release confidential information under some circumstances. Grade information may be released to parents or guardians of dependent children (as defined by the Internal Revenue Service) even if the student has requested in writing that such information not be released. The College will not release grade information to parents or guardians only in such cases where a student has established that they are no longer claimed as a dependent of their parents or guardian for tax purposes. To establish such independence, a student may complete forms available in the Registrar's Office.

In general, if faculty are reluctant about releasing information, they should refer parents to the Associate Academic Dean.

Does FERPA restrict the posting of grades or the return of assignments?

Yes. Grades and graded assignments are protected under this legislation. Faculty members must not:

  • Post grades publicly either by a student's name, institutional ID number (the "G number"), or social security number without the student's written permission.
  • Return papers or a student's work in any form through an open distribution system, e.g. stacking them on the floor or in a box in front of an office door or placing them in a folder in a place of public access without a signed waiver from the student to the instructor. Faculty may arrange to have a departmental secretary return exams or papers individually to students from a secure office.

May I discuss a student's progress in my course with other Guilford College employees?

Yes, but there are some limitations. Faculty may release academic information without the written permission of the student to employees of Guilford College who have what is deemed a legitimate educational need to know. Such employees might include the academic dean, associate academic dean, the student's academic adviser, the registrar, coaches, counselors, or the dean for campus life. Guilford College is free to define what constitutes a legitimate need to know within the context of our institution, and as a small, liberal arts college with a broad approach to education, college employees acting in the educational interest of the student have the right to academic information.

Casual discussion of grade information where there is no legitimate educational interest or need to know is proscribed by FERPA.

May I discuss disciplinary matters (violations of the student code of conduct) with others?

No. If you are privy to any information regarding disciplinary actions, you may not discuss this with others. Refer questions concerning disciplinary actions to the Dean for Campus Life.

What about letters of recommendation?

If any "educational record" information (e.g., grades, GPA, class rank, standardized test scores) is to be included in a letter of recommendation, faculty members must have permission in writing from the student to release such information.